occupy protesters. >> just coming and saying you want to speak is an authorityive act and this is a nonauthorityive assembly. >> reporter: the mayor could have spoken if she followed the rules including standing in line like everybody else. >> rubber bullets, gas, sticks, shock and awe cannot stop this movement. >> reporter: mayor quan has come under fire for the heavy handed way police broke up the occupy encampment and protest. and now for allowing protesters to set up camp once again. >> the decision that if the fence came down and the tents went up that she had the directed our police department to not intervene and having them remove the at the present times. >> is that the right decision? >> i don't think it is the right decision. >> who is making the decisions here? >> the city administrator, the police chief and the mayor. >> now it seems the decision is to hold back and protesters are more confident they won't be forced to leave.

>> i don't think the city has the heart to do something like that again. >> reporter: and back out here live, we are back after 10:00 you see the crowd still meeting at franco dallo plaza. your see they are still here and there's no sign of police tonight. it does appear they're holding back. we hear from several council members who say they will hold a meeting and they will specifically talk about everything that's happened here this week. >> is this your city, mayor quan? is this how we treat free speech in the unite of america. this is an add ad said to be released tomorrow. the executive director for move on compared tuesday's crack

down to something you would expect from repressive regime. major quan did speak, she spoke briefly at the city's emergency operation center and said she's a bit saddened about how oakland is being perceived. >> oakland is known for being a progressive city. i'm really saddened by what people think we are. we are clearly a city that has a lot of homeless people, a lot of unemployed people. >> reporter: she added that oakland is definitely part of the 99%. as for the demonstrators she said that she and other city officials will continue to make decisions day-to-day depending on what's happening. tonight's occupy assembly by began with people lighting candles to honor the iraq veteran who was seriously hurt. tonight doctors tell us that scott olsen is improving. jana katsuyama brought us his story last night. tonight she's learned about an emotional reunion he had with his parents.

>> reporter: it was today when his parents flew into oakland and got to see their son for the first time. the doctor at highland hospital tells me that scott olson is conscious. he's in the icu and let me tell you that comes as a huge relief to all the people that have come out here to to light candles for him. today in a vigil, more than 1,000 people sat quietly with candles and posters with his photo. >> it's unfortunate to get this many people out here like this to support him. i'm glad they're out here for him. >> reporter: tonight was a moment of peace after tuesday's night of chaos after the 22- year-old suffered a fractured skull. the chief of surgery said he's

come out of an induced coma. although olson does not remember tuesday night. >> when he came in, he was unconscious. now he's processing everything. >> reporter: and he recognized his parents. signs of a community hoping for his full recovery and carrying on the occupy movement. >> i'm here to spread the message of peace and nonviolence. >> what i'm seeing is a coming together of community. >> reporter: hospital staff say that olson did have a cordial

meeting. he could be out of the the icu by next week. jana katsuyama, ktvu news. ktvu video of the injury to olson is getting a lot of attention on the internet. someone left a comment to the video. ben cruz endured several rounds of tear gas to capture these pictures tuesday night. the oakland protest has got the decision of mike moore. occupy oakland, i will come

tomorrow. tonight hundreds remain at herman plaza but the plan to evict them is on hold. the city hall meeting between protesters and major ed lee and what they are -- mayor ed lee and what they are now saying about the protesters at herman plaza. we are monitoring protests throughout the area. now to the south bay and a warning tonight from deanza college after a woman say as man assaulted her in a parking garage. lloyd lacuesta joins us live with what the school is doing to protect students and he has a sketch of the attacker. >> reporter: behind me is one of two parking garages. authorities are not -- in a sparking structure around 8:30 this morning. we're learning there's extra campus police patrolling

tonight. campus lights are staying on all night. >> that puts me a little on edge because i'm going to be here till late. >> reporter: the sheriff department released this sketch of the man they say assaulted the woman this morning. he's described as white, 5'4-" tall with extremely long hair and spoke with a russian accent. he was wearing a green sweater with white lettering. >> he then asked her if she could help him find his vehicle. as they were in the parking lot, he asked for a hug. which he did not want to. he grabbed her and she passed out. >> reporter: the woman woke up to people surrounding her. >> i wouldn't help a stranger like it's kind of creepy.

you always have to be aware of that situation. >> that's crazy, i've never heard of anything happening like that around here. >> reporter: if you missed what i said at the top, there are two parking garages at deanza college, police are not saying which one this coed was choked unconscious. they've yesterday to determine if the victim was choked or had a hand placed over her mouth they're also not saying if they have surveillance video. lloyd lacuesta, ktvu news. new information tonight on a homicide investigation in concord we first told you about tuesday afternoon. 23-year-old donald waldecker and randy dees were arrested. they also released the name of the victim, barnes. concord police did not release a motive. they say the case is still

under investigation. the contra costa county sheriff's department has identified a man now who is fatally shot in bay point. 24-year-old earl moffet anderson of pittsburg was killed shortly after 4:00 last night. he was shot while sitting in a car on a stop sign on abarro road. the car this be crashed into the street after crashing into a retaining wall. a federal judge today blocked most of the controversial new cell phone law in san francisco. the law requires customer warnings about cell phone radiation. but the judge says the warnings are misleading because they imply cell phones are dangerous and unregulated. he ordered the city to reword the fact sheet and take down a requirement for phone stickers. dennis herr era says he will appeal. -- and anticipates holding a vote in two weeks.

the proposal stemss from an august incident where b.a.r.t. shut down service. that resulted in more protesting. a big day on wall street as european ward off a crisis that pushed. -- blue chips closed above 12,000 for the first time since august. the nasdaq was up 87. president obama acknowledged the european financial deal saying it will have a tremendous impact on the u.s. economy. europe is weak, if europe is not growing, as our largest trading partner that's going to have an impact on our businesses and our ability to create jobs here in the united states. the president is set to take part in a g20 economic summit next week in france. the gdp officers another positive for the economy. the economy grew at 2.5% during

the third quarter. household spending went up more than expected and analysts expect the trend to continue into the holidays. they say the gdp officers a strong sign that the re -- offers a strong sign that the recession will not happen. 10s of thousands of dollars stolen. the evening temperatures will be down below freezing in some areas. i'll tell you where. police say they were just conducting a training exercise, but we have new information that they were planning to raid protesters at dustin herman plaza.

and we don't want anything, ev, to slow us down. so it's surprising that most women aren't getting enough calcium. but thankfully, with over 25 great flavors, like strawberry cheesecake and blackberry harvest, only yoplait original gives you 50% of the daily value of calcium and vitamin d in every cup. yoplait. it is so good. doesn't cover my kid's pediatrician. which is not cool. she was so fantastic. she had this sock puppet that she would use to explain exactly what she was doing and why she was doing it. i just wish there was someone to explain to me how i'm going to find another doctor like that. [ male announcer ] we know a good doctor is hard to find.

we have some of the largest networks in california so you can choose one that's right for you. blue shield. new information tonight about a story that was developing during last night's 10:00 news. a police raid on the occupy san francisco camp seemed imminent last night but it never happened. raids were cancelled at the last minute, amber. >> reporter: frank, tonight we have new information about two raid that were planned here by police at justin herman plaza. the first was one to take place late last night or early this morning and a second one late this afternoon. a police source told me both were cancelled at the last minute. this is video taken right after a closed door meeting

between mayor ed lee protesters and several supervisors late this afternoon at city hall. that when we caught up with the mayor who says the encampment at justin herman plaza has to be cleaned up. >> we're trying to strike an agreement on how that can get done without being threatening to either side. so that's all i can say at this time. >> you will let them continue to camp there for now at this time. >> i don't agree for anything to happen, but we've agreed about the clean up part. >> there's been an agreement until he responds to us within 48 hours, it would be improper for him to take police action. >> reporter: today the police chief said it was just a training exercise. >> you're not being forthright. >> reporter: john avalos tells us he suspects what happened in

oakland gave the mayor second thoughts on taking action in san francisco. some officers were placed on overtime before they were cancelled. they say the mayor and chief are experienced when it comes to raids and both probably came to the agreement that the timing is not right. this single mother, a protester says she's cautiously optimistic now that there's been a dialogue with the mayor. >> i'm glad they're trying to talk to us and wanting to talk to us instead of treating us like we don't exist and we're just a problem. >> reporter: police told us there is also some concern that with halloween coming on monday that troublemakers may take advantage of the protest here and cause problems. reporting live here at justin herman plaza, amber lee, ktvu channel 2 news. tonight on our facebook page we ask what's next for the occupy movement. tonya kerrington say, continue

the fight. anything worth having comes with persistence. and another viewer writes, very disgusting with the oakland mayor for flip- flopping. police track down mark lugo with the help of a security camera video. the picasso drawing called head of a woman is said to cost $27,000. with time served he should be released november 21st. he then faces charges for over alleged art thefts in new york. round two of lawsuits against wal-mart stores begin

today. the store is again being sued accusing them or gender bias. a sikh man will receive $40,000 from california. he was barred from becoming a prison guard because he refused to shave his beard. the state maintained his beard prevented a gas mask from fitting tightly in case it was needed. over the federal crack down on california pot clubs. authorities launched the crack down nearly three weeks ago. the department of justice is violating the commerce clause of the constitution coercing officials to stop following state medical marijuana laws. some oakland parents and

teachers are furious. the school board voted to shut down the schools in june. they are santa fe, lake view, and maxwell park. parents have fought and pleaded with district officials for months to try to keep those schools open and now they are worried about sending their kids to other schools. it's going to be very difficult to go to another school with new friends, new environment. >> reporter: district officials say the closures will save $2 million a year. they also say it's possible they may have to close as many as 30 more schools over the next two years. governor brown is proposing a mayor pension reform plan for public workers that he says could save the state millions of the dollars. ken pritchett tell us why some are saying the reforms go too far while others are saying they don't go far enough. >> reporter: a key piece of governor brown's pension plan

is raising the retirement age to 77. >> there's a lot of great years left in your 70s. >> reporter: but many are not laughing this state worker thinks it's unfair. >> 67 years is too old to get retired. >> reporter: the governor says his plan will save millions of the dollars of taxpayer cuts in half and it eliminating pension spiking where state workers cap their pay before retiring. >> any spiking in the system should be fixed. no one should spike the system. 99% of my workers will make between 34 and $20,000 those are facts. >> reporter: public employee union workers reject the governor's proposal that state workers pay half of their pension contribution. >> makes no sense to me whatsoever. none whatsoever. we say to the governor, no. >> reporter: democratic leaders say reform is needed but not at the expense of workers. the governor's plan does not go far enough. >> i try to do something that

is legal, that will save a lot of money going forward. i think it's fair. >> reporter: the governor says he will need voter approval and legislative approval to pass this plan. he believes democrats and republicans can work together but here in san francisco that would seem a rarity. ken pritchett, ktvu news. in our radar tonight, this is how cold it's going to be. 74degrees, that temperature is going to get down in the mid- 30s. forecast overnight lows for the downtown areas 38 in santa rosa. you get outside of vallejo you're going to be looking at 38 degrees. even san francisco, 49 degrees. that's cold, that means a

jacket. daytime highs tomorrow, they're going to come about 30 degrees from the overnight lows. tomorrow's forecast highs those yellows are 70s. when i come back, that's friday. when i come back we're going to look at your weekend. an earthquake hit the hayward fault this morning. the quarterback hit at 5:36 this morning. a berkeley seismologists says there's only a very small chance that this sequence of quakes will lead to a bigger one. seismologists still estimate a 3% chance of a quake with a magnitude of 7.6 magnitude in the next decade. the fire that tore through a southern california apartment complex this afternoon.

verizon 4g lte.

america's fastest and most reliable 4g network in over 160 cities. verizon. built so you can rule the air.

flames raced through an apartment building that was under construction in southern california. los angeles county officials say the fire started at about 5:00 this evening at the three story building in the city of carson. no injures have been reported. investigators are still investigating what started the fire. fraud contributions are on pace for an increase. >> reporter: his name is demetri yakavencho and for hours he stopped at pharmacies to buy prescription drugs, how

much? $38,000 worth. special agent in charge ivan negroni. a special agent who broke the case says that yakavencho used forged prescription drugs. this year yakavencho was picked up in tracy charged with commercial burglary and was recently sentenced to four years in state prison. the peddler is not alone, one agent told me he is working more than a dozen similar cases and the special agent in charge said this is a multi million crime that is gaining steam. >> if you are out there committing health care fraud, we're going to find you, we're going to investigate and we're going to prosecute you. >> reporter: that's a 24% increase over the total for all of last year. >> prescription medications they have a very high value on

the street. and people are taking advantage of the medicare program billing medicare program for it, paying the barely minimum amount for these medications and they are being sold on the streets making a huge profit. >> the government says a huge crack down is now under way. in sacramento, mike mibach. a group of gay and lesbian service members is suing the federal government. they sued the government with a goal of getting full military benefits for their spouses. they're seeking health care, housing and family support that straight military spouses already receive. >> you say to somebody, i go to afghanistan and if i don't come back my spouse will not again benefits they understand. we want to make sure our spouses are taken care of, it's

not special treatment. >> take a deep breath, blow steadily into the machine. how effective are field sobriety tests we put them to the test in a ktvu special report. for the first time we hear from a truck driver rescued from his burning truck. the words he had for the woman who saved his life.

[people chatting] everyone, it's $37 a piece. paying with your smart phone instead of cash. that's a step forward. with chase person-to-person quickpay, you can send money directly to your friend's checking account. all you need is their email address or mobile number. don't worry honey, i'll show you. thanks everyone. so take a step forward... and chase what matters.

so chances are you've either seen it happens or you've done one yourself. a field sobriety test. in tonight's special report we put that test to the test. ktvu's gasia mikaelian shows us how it may not be a good indicator of who should be behind the wheel. >> reporter: a night out on the

town and you could end up here. but whether you were drinking or not, some say the field sobriety test used every day throughout the state are outdated and flawed. bruce capsack is a dui defense attorney and teaches offices how to administer field sobriety tests. >> these tests were developed 30 years ago, we're not in the same shape that we were 30 years ago. there has not been any real research as to how regular people perform these. >> reporter: capsack also says the field sobriety test also tells officers whether someone has or does not have alcohol in their system and they don't give a person's ability on whether they can drive a call. the officer can't do the very test he's using on the driver. >> put your arms down on the

side i want you to hold it -- >> that's funny, you can't even do it. >> i'm not going to do that test. i'm not going to do that test. >> reporter: officer sam morgan has stopped dozens of suspected drunk drivers in his years as the california highway patrol. >> most people when they are sober can't can pass the test. >> reporter: he says the field tests are very accurate. >> take a deep breath. you blow steadily into the machine. >> reporter: to test the test i blew into a preliminary alcohol screening device what people commonly refer to as a breathalyzer. >> and just registered .000. i guess for you that's good. >> then 10 minutes later we were back in the office of bruce capsack he put me through two field sobriety tests. >> if i was using these you

would have failed miserably. >> you would have failed that test as well for putting your foot down. >> reporter: we went to the marina district and gave a very unscientific version of those sobriety tests to several people we stopped on the street. >> 1,030. >> harder than you thought? >> it's harder than i thought. and i've just been drinking water. >> 1,030, that's a work out. >> many people said they don't think the tests are a good indicator of whether or not someone has been drinking. >> i pretty much have two torn acls in both knees. even if they told me to walk in a straight line i'm going to fail. >> it could find very many people failing even if their sober. >> reporter: but if their blood

or urine or breathalyzer they will not be charged. gasia mikaelian, ktvu news. an attorney for michael jackson's physician dr. conrad murray is trying to portray the late pop star as a drug addict. he called robert waldman to connect jackson with the possible anesthetic that killed him. the defense is trying to show that michael jackson could have taken propophol after murray left his side. murray is accused of voluntary manslaughter in his case.

rick perry is cutting back on his appearances in some upcoming debates in the race for the republican nomination for president. the texas governor has struggled in the five debates he's participated in so far. perry has committed now to just one of the three debates scheduled between now and november 15th. he's acknowledged his struggles telling an iowa crowd over the weekend if you've watched any of the debates you know he's not perfect. former democratic presidential candidate john edwards will stand trial for campaign contribution violations in greensboro north carolina. edwards put a positive spin on the judge's ruling saying he is looking forward to have his day in court. he is accused of using campaign contributions to hide the fact that he had a pregnant mistress. two teenagers were pulled alive after the fire.

a total of 187 survivors have been found. and officials say at least 550 people are dead. help is arriving from around the world. some people are living in tents but they provide little shelter from the freezing cold. in new zealand the christchurch cathedral was heavily damaged. now church officials have decided it will be partially demolished. it'll be rebuilt using parts from the old cathedral. the cathedral was a symbol of the city for 120 years. they called her a hero. she received an honor for saving a life. kenea williams and finerthy had an emotional reunion today. mayor lee gave williams an award for saving finerthy life. she was driving her child to

school when she saw a big rig roll over. she went over and pulled finertny out. >> i prayed the whole time, please don't let anything happen. and now you're standing. >> not only standing, finerthy suffered only minor injuries. what san francisco is doing to make sure halloween in the castro remains quiet and peaceful this year. this holiday weekend is almost here. i'll show you which day will be the warmest and which days could see some fog. >> and it was a world series game for the ages. home runs, lead changes, extra innings, it was remarkable. later in sports, all the highlights and a look ahead to game seven. d

new at 10:00, san francisco police are making plans for the annual halloween celebration in the city's castro district. in the past the colorful event has attracted thousands of revelers. while there is no official event planned the neighborhood is preparing for visitors. >> i think initially after the crime and what not started, people started worrying that it wasn't going to happen in the castro, that there wasn't going to be a party.

but we learned that people are gong to come any way. there is new evidence that yaz can be a potentially dangerous form of birth control. the food and drug administration said today out of 800,000 women those who are taking yaz had a 70% greater chances of experiencing a blood clot. the fda says a meeting on the drug safety will be held on december 8th. in news of the world tonight, in the middle east, a u.s. born israeli citizen arrived as part of a prisoner swap. he was arrested and charged with spying. he denied the charges. in exchange israel freed 25 egyptians. the swap may help ease rising tensions between those two countries. in sweden, facebook is building a new surfer farm on the edge of the circle. the cold climate will keep the surfers cool and give european

users better performance. but a swedish political party says having the servers there will force european users to eves dropping. in chile the hudson volcano became active last night. and it's already led to one avalanche. a major eruption is possible. it last erupted 10 years ago destroying near by farmland and killing about 1.5 million sheep. the oakland tribune will keep their name after all. the bay area news group planned to consolidate it's newspaper over two mass heads. the contra costa times and oakland tribune will keep their names. the alameda star will become part of the tribune. the tri valley herald and the

herald will combine as the tri valley times. the movie being filmed at a famous local surfing spot and the man who's life is being portrayed. what spots will be near freezing tomorrow morning? chief meteorologist bill martin will be back with the complete bay area forecast. or love. nt, see, we make style affordable. you make it yours. jcpenney.

it's like extra cash you earn in an instant. earn 10, 20, or $30 jcpfastcash right at the register. then use it right now on anything you want, see, or love. we make style affordable. you make it yours. jcpenney.

at this hour we have a new development at the occupy oakland rally. mayor gene quan emerged from city hall about 25 minutes ago and tried to address the hundreds of people still gathered there but she was jeered before she even got the chance. >> this video just came into

our newsroom. ktvu's eric rasmussen is live and says that mayor quan got in line with the protesters for a while, but when the crowd started yelling, go home. quan quickly went back inside city hall. >> we're projecting within three to four years to have thousands of people visiting, we're going to have the education classes going. >> it was one of four iowa clad ships. and they were all considered to be the elite of the u.s. navy. new at 10:00 the story of a

legendary santa cruz surfer and his dream of surfing mavericks is going on the big screen. >> it's probably the most exciting thing that's happened on this street. >> reporter: on a san mateo street there was cameras and a little hollywood action today for the filming of the new movie of men and mavericks. >> the production company said this street and 20th avenue had an old style. >> reporter: in 1994 in one of the first swells of the season this 16-year-old took this infamous fall at mavericks. it's considered one of the worse wipe outs in surfing history. moyarti survived but died in a

diving accident. >> i want to see gerard butler. that's who i want to see. >> reporter: butler was not on today's scene but his costar was. he plays moyarti. neighbors got this letter saying that parking will be restricted. >> in 20 years it's never happened before, it will probably never happen again so we're going to enjoy it while it's here. >> reporter: filming will continue at other locations including half-moon bay through november. hewllet packered is going to continue in the pc division. the pc division provides 1/3 of the company's revenue.

america's love affair with new frontiers appears to be fading. the number of people who moved in the past year is at its lowest level since it started tracking moves back in 1948. about 25 million people moved that's 11.5% of the population. and down about 1% from the previous year. analysts say depressed home prices is keeping people from selling and young adults are living with their parents younger. we've got weather to talk about. cool overnight. take a look at live storm tracker 2. what you're going to see here are light winds on our live buoy readings. what am i getting at with the light winds. the light wind are going to lend themselves to very cold overnight lows. look for temperatures, right now they're in the 40s. over the next few hours they're going to rapidly fall into the

evening hours. as we go into your bay area weekend, still nice. but the overnight lows boy they're going to be cool as we head into the bay area network. downtown easily 39 39 degrees at 7:00 a.m. temperatures tomorrow, downtown santa rosa in the mid-70s. the radar and what you're seeing is a ridge of high pressure set up in such way that the air is going to continue to sink. as it does we're going to stay on the warm side. the storm track stays well to the knot. the rain stays up? organ and we stay dry right through the bay area weekend. so your real story is going to be the cold overnight lows. fire dangers down. we had red flag warnings earlier. 72 in richmond, here's your

forecast highs temperatures. sunday not far off of these mid- 70s. fog may be some patchy fog right along the coast. but for the most part it's going to be a very nice week. as you look ahead five days over your bay area weekend. a lot of upper 70s. not too bad. not bad. a little bit of fog shows up on sunday. >> before we let you go we have to wish you a happy birthday. >> oh, you do. >> you thought we were not going to remember. >> 36. how's that working out. >> you look great for 36,. >> yeah. winter spare the air season begins next tuesday. on days that an aleft is issued people should not burn logs. first time offenders you will receive a warning but a second

offense could result in a $400 ticket. those who depend on wood fires as a permanent heat source can attend an exemption. and it was an epic world series game six. [ rapid footsteps ]

ow! [ male announcer ] when life happens, you need a plan you can count on. 3.4 million californians trust us with their health coverage needs. blue shield. [ smack! ] [ insects buzzing ] [ male announcer ] when life happens, you need a plan you can count on. 3.4 million californians trust us with their health coverage needs. blue shield.

with their health coverage needs. everyone, it's $37 a piece. paying with your smart phone instead of cash. that's a step forward. with chase person-to-person quickpay, you can send money directly to your friend's checking account. all you need is their email address or mobile number. don't worry honey, i'll show you. thanks everyone. so take a step forward... and chase what matters. [ male announcer ] when we unveil the all-new 2012 m-class, we're actually introducing a vehicle built upon 125 years of engineering excellence. which is why, no matter what is happening in the world outside, there is such a sense of complete confidence inside. introducing the 2012 m-class. quite possibly the most advanced suv ever. from mercedes-benz. the best or nothing.

cold play is keeping its new album off of certain streaming services. the british band can be bought on you tunes and amazon but you cannot get it on spidify or raphsody. mark is here now with sports. game six, that has to be one of the greatest world series games ever. >> 45 years of watching baseball. it's in my top three. just sensational. we have another one hopefully tomorrow to talk about. it'll be right up there.

twice of world series glory, texas again will wait another day. and if that day is like tonight, the cardinals will take it all. texas with three runs. done to right center field. solo shot next batter. nelson cruz. they add another. but we pick it up in the bottom of the 9th inning. feliz just one strike left. it's a 2-run triple for freese. we have a 7-7 ball game going to the top of the tenth. josh hamilton playing with a sports hernia, badly hurt but still swinging. he won't be taken out of the

game. nolan ryan loving it, it's a two run shot off of moot. lance berkman again with two strikes on him. and the cardinals tie it 9-9 until the 11th. no such drama with men on. freese just nails one over the wall. final homer of mark lowe. the celebration at home plate and there you see nolan ryan's play. tomorrow it's for everything. the game seven is the best in all of sports. nba basketball might just be there. another sign of progress instead of harsh words

following the meeting. there were a little bit of guarded optimistic from both sides. >> there's certain that we'll get a 43 game schedule. the likelihood or the chance of that happening, although it may be slim still possible. slim better than none and not that anyone needs reminding but if you can't be there, st. louis be here on channel 2 tomorrow. 5:00, first pitch winner take all. that's the sporting life for a thursday night. >> who are you going with? >> i'm not going to make a prediction after this. you know. i like ron washington a lot. i like tony la russa, local angles. it's different to watch the

game and be neutral. compared to last year. it's not nervewracking. you can just sit back and enjoy the game. >> join us tomorrow at 4:30. for all the over all news.